The Eastern District of Texas currently hears the most patent cases in the country and has seen an increase in the number of cases filed relating to
patent infringement, notably in the courts of Judge
T. John Ward in the Marshall Division, Judge
Leonard Davis in the Tyler Division, and Judge
David Folsom in the Texarkana Division and now Judge
J. Rodney Gilstrap in the Marshall Division and Judge
Robert W. Schroeder III in the Texarkana Division, as well as Magistrate Judges
Roy S. Payne, John Love and K. Nicole Mitchell. Perhaps because the district has a set of local rules for patent cases and relatively fast trial settings, patent plaintiffs have flocked to this small venue. In addition the proximity to larger cities (such as Dallas and Houston), along with a jury pool interested in protecting property rights, may attract patent cases to Marshall, Tyler, and Texarkana. In 2003, there were 14 patent cases filed. In 2004, this number more than quadrupled to 59 patent cases filed. In 2006, the number of cases grew to an estimated 236. The district has been perceived to be a favorable jurisdiction for
plaintiffs in patent infringement lawsuits, which win 88% of the time compared to a nationwide average of 68% in 2006, even, according to some claims, in dubious cases (i.e.
patent trolls). Between 2004 and 2011 the district presided over
TiVo Inc. v. EchoStar Corp., involving the issues of patent infringement and contempt of court. In 2009 Judge Leonard Davis, of the U.S. District Court for the Eastern District of Texas, ordered a
permanent injunction that "prohibits
Microsoft from selling or importing to the United States any Microsoft Word products that have the capability of opening
.XML,
.DOCX or DOCM files (
XML files) containing custom
XML," according to an announcement by the plaintiff, Toronto-based i4i Inc. In 2013, 24.5% of federal patent suits filed in the U.S. were filed in the Eastern District. Judges in this district have been found to grant requests for summary judgment of invalidity at a lower rate than the national average. In 2014, 1,425 patent suits in the U.S. were filed in the Eastern District, making it the number one region with the most filings in the country, followed by the
United States District Court for the District of Delaware in second place, with 946 patent cases filed, with the
United States District Court for the Central District of California ranking third with 305 cases. In 2015, a staggering 43.6% of federal patent suits (2,540 suits) were filed in the Eastern District, which was more than the number of lawsuits filed in the
United States District Court for the District of Delaware (545 cases or 9.3%), the
United States District Court for the Central District of California (300 cases or 5.1%), the
United States District Court for the Northern District of California (228 cases or 3.9%) and the
United States District Court for the Northern District of Illinois (162 cases or 2.8%) combined. In 2016, 1,647 cases (or 36.4%) of the nation's patent cases were filed in the Eastern District, which was again more than the total number of lawsuits filed in the
District of Delaware (455 cases or 10.1%),
Central District of California (290 cases or 6.4%),
Northern District of Illinois (247 cases or 5.5%) and
Northern District of California (188 cases or 4.2%) combined. The vast majority of the patent cases in the Eastern District of Texas are filed before or heard in the
Marshall, Texas division by district court judge
James Rodney Gilstrap and Magistrate Judge
Roy S. Payne. U.S. district judge
Robert W. Schroeder III in the Texarkana Division, and magistrate judges John Love and K. Nicole Mitchell hear the next highest number of patent cases in the district. The filing of such cases in the Eastern District of Texas dropped after the 2017
Supreme Court decision in
TC Heartland LLC v. Kraft Foods Group Brands LLC, which held that for the purpose of
venue in patent infringement suits, a domestic corporation "resides" only in its state of
incorporation. Meanwhile, the filing of such cases in the
United States District Court for the District of Delaware increased. == Current judges ==